Torts
Rogers v. Board of Road Com’rs for Kent County
Names of Parties: The Court: S.C. of Michigan Date: 1947 Cause of Action: Trespass Facts: The (D), working for the government, put aup a snow fence that they had license for, on the land of the (P). When the license was expired and the fence was to be removed the (D) agreed with the (P) to remove all remnants of the fence. However the (D) left an anchor post that subsequently led to the death of the (P) when he was flung from his mower after not seeing the post. Differing Allegations (if any): The (D) claims this was an act of negligence for which they have governmental immunity for. Prior Procedural History: (D) issued a motion to dismiss that was granted by the lower court. Rules: a trespass may be committed by the continued presence of some thing, after the land owners consent has expired or the authority to be on the land has been terminated. Issues: If the (D) left the anchor post in negligence could this satisfy the intent element of trespass? Courts Decision: Judgment reversed and remanded in favor of (P). Reasoning: By leaving the post after the expiration of their license to be on the land they were committing a trespass. Further: A trespass can exist when someone overstays there welcome. A trespass can exist when a person is permitted for a certain task or function and does something else contrary to that. o Children permitted to play on the grounds of another but set fire to charcoal. Treated as trespassers. All business whose business affects interstate commerce is required to serve all customers without discrimination or segregation.
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